Wednesday, June 21, 2017

Update: Sarasota County has set aside a full day -- Aug. 23 -- to hear a developer's proposal to build an industrial construction/demolition waste plant near a treasured Preserve, Bird Sanctuary, recreational area, and the Sarasota Audubon Nature Center.

To All Members of the Sarasota County Tourist Development Council:

In advance of your June 22 meeting, please consider a crucial decision facing a burgeoning tourist opportunity near the I-75 and Fruitville Rd. area.

The County has an extraordinary success story in its efforts to build a regional stormwater facility at the Celery Fields. It protects property, Phillippi Creek, and Roberts Bay, while giving rise to a natural bird sanctuary, Preserve, and passive recreation area. As this ecosystem has evolved, the Celery Fields has gained recognition regionally, nationally, and internationally.

At the June 1 Planning Commission hearing, a proposal to build a 16-acre waste processing plant adjacent to this area brought out hundreds of residents opposed to this project -- including some who testified of learning about the Celery Fields from national birding magazines, websites, and other media. The PC voted unanimously to deny the proposal.

The Audubon Nature Center has only been in operation at the Preserve a short time, but its first report speaks of strong growth, widespread interest, and many forms of local recreation as well as broad recognition.

Besides the fabulous natural amenity, and in part because of it, communities are flourishing to the east of the the Celery Fields. East Palmer Blvd. will soon have over 2000 homes. There were 52 homes there in 1992, when the underlying land use of the Quad properties at Apex and Palmer was last updated. The 33 acres at the intersection of Apex and Palmer where a developer wishes to build a waste plant are public lands that deserve reconsideration given the dramatic changes in the last 25 years. Changes that include the development of clean small businesses in the Industrial Parks, a public school, and close by, through the I-75 underpass on Palmer, a growing commercial area: the Packinghouse District.

A giant open-air waste processing operation situated at the intersection of Apex and Palmer would have multi-layered adverse impacts on this area -- to the residential, commercial, and tourist facilities. It could seriously damage the promise and vision of the Fruitville Initiative, the gateway to Sarasota designed to attract hi tech businesses to a walkable, mixed use community facing on and linked to the Celery Fields.

The Board of County Commissioners is currently set to address this proposed Construction Demolition Waste Plant on Aug. 23, beginning at 9 a.m. After this Thursday's meeting (June 22), your next meeting is scheduled for Thursday, Sept. 28. We ask that you make the pending decision about the Celery Fields a matter of high priority, and exercise your advisory mandate to provide clear and informed advice to the County in advance of the Aug. 23 hearing.

I would appreciate a copy of any minutes or correspondence indicating the Council's intervention in this matter, which has focused the attention of people countywide and beyond.

Tuesday, June 13, 2017

*** UPDATE ***

The Board of Sarasota County Commissioners has set a special day to consider a proposal to put a large, unenclosed waste processing facility on public lands in the immediate vicinity of a serene preserve and eco-tourist resort:

Wednesday August 23, 20179 am - ?

Due to the large and intense resistance to this proposal, the Board has set aside the entire day of August 23 for this hearing. Below is a detailed timeline.

The surrounding area contains neighborhoods, schools, retail, and a planned new urban gateway to Sarasota County.

Below is a timeline of the planning and legal maneuvers leading up to this. All elements of the proposal for the waste processing facility (less than 3 miles from a very similar facility) were unanimously denied by the Sarasota Planning Commission on June 1. That vote was advisory. Mr. James Gabbert and his agent, Bo Medred, will take their plan to the County Commission for a final decision in August.

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This is a photo of one of Sarasota County's most extraordinary natural preserves, the Celery Fields:

View from the Observation Mound of the Celery Fields, Sarasota, FL

This is a photo of a waste processing facility much like the one Sarasota County is considering permitting to be built next to the Celery Fields:

Aerial: WCA Waste Processing - built, later sold, by James Gabbert

Again? Celery Fields:

Celery Fields stormwater system, recreation area and bird sanctuary

Demo waste:

WCA facility at 8001 Fruitville Rd.

How is it that Sarasota County would even consider allowing an unenclosed 15-acre industrial waste processing plant right next to a beloved park-preserve, international bird sanctuary, and Audubon Nature center?

Meet Bo Medred and James Gabbert.

Bo Medred, left, James Gabbert

Bo Medred is a former Sarasota County planner who now operates as an independent agent. His job often calls for him to persuade the County to modify land use plans for developers. He must be good at it, because he seems to always be representing various developer interests before the County.

We -- Sarasota County taxpayers -- own 10.6 acres at Apex and E. Palmer, which the County declared to be surplus land in 1997, but didn't market for 18 years.

In 2016, Mr. Gabbert hired Bo Medred to persuade the County both to sell him our public land and to allow a special exception for heavy industry on the acreage, which currently is not zoned for industry. These public lands are currently zoned OUR - Open Use Rural -- good for protecting native habitats.

How did we get here?

More about the land use question below. First, a bit of the curious backstory to this decision the County will soon face. It's full of twists and turns, including prior efforts by Mr. Gabbert and Bo Medred to build a waste transfer station and a waste processing plant on Cattlemen Rd.

2014

In 2014, Bo Medred was hired by James Gabbert to change a land use designation on Cattlemen Rd. The plan: put a waste transfer station and Recycling Facility on a 7-acre site north of East Palmer Blvd. on Cattlemen Rd. The industrial application, which required a special exception, met with strong opposition from area businesses that foresaw a dust storm of pulverized concrete and yard waste being blown onto their property.

Jan. 2015 - BCC Action: The application is denied by the Board of County Commissioners (BCC).

Mr. Gabbert, who had purchased the Cattlemen site in June 2013 for $625,000, sold it in January 2015 for $1.8 million. Those who opposed him reportedly were told that he would look at sites east of I-75 to realize his plan of a waste transfer/processing facility.

It is worth noting that Mr. Gabbert was no newcomer to planning, building, and operating waste processing facilities. Prior to 2005, when he sold them for $35 million, he had for years operated at least four facilities around the county, including one at 8001 Fruitville Rd. that WCA currently operates.

WCA waste processing facility at
8001 Fruitville Rd. built by James Gabbert

2015

Mr. Gabbert next decided upon a site just East of I-75 on Palmer Blvd. It was 4.5 acres in private hands on Porter Rd. and E. Palmer Blvd., next to a 10.6-acre parcel owned by the County.

July 24, 2015 - Bo Medred held a neighborhood workshop at Mr. Gabbert's offices to describe Mr. Gabbert's plan to build and operate a Waste Transfer Station on a 4.5-acre site he proposed to buy at Porter Rd. and East Palmer Blvd. The petitioners stated that the aim was to operate a waste transfer station, not a waste processing plant.

Note: A Waste Transfer Station is a site where demolition and yard waste is brought in via small trucks, sorted in piles, then put on large trucks to be taken either to a waste processing facility or to a landfill. No grinding or crushing of concrete or other construction materials takes place. Guide to Planning and Siting a Waste Transfer Station.

All day, trucks carry demolition and yard waste in and out of Waste Transfer stations. For that reason Medred and Gabbert's plan was opposed by owners of nearby businesses who indicated concern that the activity would create traffic blockages at the tight intersection of Porter and East Palmer, right next to the I-75 underpass. They also mentioned such an operation could both be unsightly and damage property values.

Aug. 20, 2015 - Bo Medred and James Gabbert came before the Sarasota County Planning Commission seeking a Special Exception to allow a waste transfer facility on a 4.5-acre site at Porter and East Palmer. (The site had been rezoned ILW in 1992.) At the hearing, owners of nearby businesses raised traffic issues as well as the fact that it would be visible from the highway. Bob Waechter, Medred and Gabbert claimed the facility would not add to traffic.

Opponents said the facility would block traffic (big trucks on Porter and Apex) and negatively affect real estate value in the area.

Neighbors indicated they would oppose any waste processing or "recycling" -- (perhaps they knew Mr. Gabbert had applied for to operate a waste processing facility in 2014 on Cattlemen). Neither Mr. Gabbert nor Bo Medred said anything about the adjacent 10.6-acre site at the SW corner of Apex and Palmer.

Mr. Gabbert and Bo Medred repeatedly assured the Board and neighbors that the waste station would not create noise or dust from processing demolition debris or yard waste.

Bob Waechter spoke in support of Mr. Gabbert's waste transfer facility. He said it would have a nice wall that would make nearby business properties look unattractive by comparison.

No testimony from an expert on waste transfer stations was cited or offered as evidence.

BCC Action: The Sarasota County Commission APPROVED Mr. Gabbert's plan for a waste transfer facility at East Palmer and Porter Rd.: Resolution No. 2015-203 and Special Exemption No. 1739. (VIDEO)

Mr. Gabbert now completed purchase of the 4.5 acres, and began clearing the land. He also bought a narrow strip from Porter to Apex that runs along the canal south of both of the 4.5-acre parcel he just bought, and of the 10.6-acre parcel next to it, which he as of yet has no ownership interest in. That parcel is never mentioned in the waste transfer station hearings.

April 2015 - County puts 10.6 acres of Public Lands at SW corner of Apex Rd. and E. Palmer out to bid. No bid meets the county's minimum bid requirement of $1.75 million.

December 2015 - County puts same the public land, SW corner of Apex and Palmer, out to bid again.

When did Mr. Medred know that the County intended to market this property? Did he inquire about it before he and Mr. Gabbert successfully applied to develop the 4.5-acre site next to it?

2016

February 2016 - Two bids are received for the 10.6-acre parcel at the SW quadrant of Apex Rd. and E. Palmer Blvd. One from Mr. Gabbert (TST Ventures LLC), the other from Restaurant Depot (JDMH). Gabbert's bid was entered subject to a rezoning.

March 22, 2016 - BCC Hearing to decide which bidder to select. Staff recommends going with Restaurant Depot; Board hems and haws. Due to a stormwater condition, the County is advised by County Attorney of a state statutory rule not to proceed with bids. The Board agrees not to proceed with bids and to issue an Invitation to Negotiate for the same property. VIDEO.

Outlined in red: The SW quadrant of Apex Rd. and E. Palmer Blvd.

April 11, 2016 - Sarasota County issued an Invitation to Negotiatefor the sale and development of the 10.6-acre parcel at the Southwest Corner of Palmer Boulevard and Apex Road - the property adjoining the 4.5-acre parcel Mr. Gabbert purchased in 2015. The minimum acceptable bid is set at $1.75 million for the 10.6 acres. This site, zoned OUR, had been on the county's surplus lands list since 1997, but had not been offered for sale until 2015.

The Invitation To Negotiate (ITN) allows the County to not be required to take the highest bid. It can choose to award the contract based on considerations other than prices. This ITN specified certain economic objectives it will look for in bidders:

Interested parties that can demonstrate the ability to develop the Property in a manner that works well with this location are encouraged to respond.

Any proposed development should provide measurable economic development impact on the community.

Economic Development: Respondent must substantiate project’s ability to demonstrate a positive effect on the County’s economy, job opportunities, function of building design and usage with neighboring uses to create sustainable economic development.

The County received only one bid on the public land -- from Mr. Gabbert -- for a waste processing plant that he said might employ 10.

What was Mr. Gabbert proposing? At the time of his entering into a negotiation, an unenclosed 15-acre waste processing plant was strictly forbidden by County Ordinance, which required 35 acres to buffer such facilities. His bid proposed a violation of County law. Its acceptance would depend on a series of accommodations: a change to County law as well as a successful rezoning and special exception, at the very least.

BCC Action:

June 21, 2016 - Nonetheless, staff recommended County Commission direct County Administrator to negotiate a contract for sale with TST Ventures and bring back to the Board on the July 12, 2016 consent agenda for Board’s consideration. VIDEO

Note: When an item is on the "Consent Agenda," it will often be lumped in with several other plans, proposals, or similar matters. The Board can choose simply to silently approve the entire basket of ordinances, resolutions, etc. with a single vote.

This is exactly what happened with Mr. Gabbert's proposal to buy the SW Quad parcel in July 2016:

BCC Action:

July 12, 2016 - BCC ADOPTED Resolution No. 2016-120, authorizing execution of Contract No. 2016-374, a Contract for Sale and Purchase with TST Ventures, LLC, for the sale of approximately 10.6 acres at the southwest corner of Apex Rd. and E. Palmer Blvd.in the amount of $1.8 million. The Board action and vote is taken without any discussion. It was APPROVED 5-0 as part of a Consent Agenda (Item #29 under Public Works). VIDEO

At this point, Mr. Gabbert had an authorized contract to purchase the 10.6-acres of public land near the Celery Fields, but it was against the law to put a Waste Processing Plant on it. A county ordinance required that Waste Processing Plants have 35 acres of land to operate without nuisance to surrounding properties, and must be enclosed. Mr. Gabbert's vision of an unenclosed, 15-acre waste dump would appear to be disqualified. But, no:

Ordinance? We don't need no stinking ordinance...

In October, 2016, Bo Medred asked the County to change its law and standards to accommodate Mr. Gabbert's desire to put a Waste Processing Plant at Apex Rd. and E. Palmer Blvd., next to the Celery Fields.

Jack Bispham, chair of the Planning Commission, recused himself from the proceeding. Bispham is the brother-in- law of Mr. Gabbert.

No information or testimony from an expert on Waste Processing was cited or offered by county staff or a commissioner.

Bo Medred's proposed amendment to the County's law and standards begins with Donna Thompson of County Real Estate at about 2:08 hrs. (That single segment can also be viewed here.)

Planning Commission Hearing Oct 20, 2016 on Ord. 2016-084, Amend.119

During the PC hearing (at 2:32), Bo Medred displayed this photo of a dump in Buffalo NY to illustrate his argument as to why this 15-acre model is perfectly suitable for residential areas of Sarasota County. People's homes visible behind the piles of waste:

Medred displayed this photo of a Waste Processing Facility on 15 acres in Buffalo NY
to the Planning Commission.

If nothing else, see the exchange around 2:33 between Planning Commissioner Laura Benson and Bo Medred:

See also the exchange with Commissioner Jack Hawkins concerning the noise levels of concrete and asphalt crushing operations that begins about 2 hrs. and 39 minutes. No staff or Commissioner put into evidence any documents about the potential problems and issues with siting a waste processing facility. No accredited expert was invited to testify as to siting, pollution, noise, or other impacts upon residences.

Planning Board ACTION:

Oct. 20, 2016 - The Planning Commission APPROVED the amendment by a vote of 6-0 (Bispham recused hmself) as a Special Exception use to be analyzed on a case-by-case basis, as Bo Medred recommended. VIDEO

With the blessing of the Planning Commission, Bo Medred moved on, taking the proposed amendment to the Sarasota Board of County Commissions in December.

But here's the thing. . .

Gabbert and Medred submitted the petition for a 15-acre facility to the County in November 2016, a month before the County ever considered changing the law that would allow such a facility to legally exist. Mr. Gabbert spent a large sum of money planning his submittal even though at the time it did not even meet the Zoning Code.

Thanks to the persuasive magic of Bo Medred, a key legal obstacle to building a 15-acre waste processing plant next to the Celery Fields has been removed. Mr. Gabbert has stated that he has operated five such plants over the years, but this 15-acre plant would be the largest he's ever operated.

(To see the facility as 15 acres, however, one has to somehow erase from existence the 4.5 acre waste transfer station, right? Has anyone done the math???)

2017 . . .

In January of 2017, Bo Medred presented the proposal for Mr. Gabbert's Waste Processing Facility at the Celery Fields at two Neighborhood Workshops. The first, on Jan. 5, 2017, had maybe 75 attendees. The second, on Jan. 30, 2017, overflowed the meeting area at the Church of Hope. An estimated 250 people attended that meeting. Virtually everyone who spoke was against siting this facility at the Celery Fields.

Many said they had nothing against Mr. Gabbert or against a facility of this kind somewhere in the County. Everyone said the chosen location -- at a busy intersection of two undersized roads that are already heavily below par -- next to an international tourist destination and fragile bird ecosystem -- likely to drive down property values and endanger the quality of life of birds, schoolchildren, businesses and residents -- was simply the wrong location.

The Planning Commission hearing is quasi-judicial. Those who speak do so under oath. Falsifiers of fact may be charged with Perjury. Bo Medred and Mr. Gabbert will present, a county staff person will offer county comments. The public will have time to speak, the petitioners will rebut, and the Commission will discuss and take a vote.

UPDATE:

June 1, 2017 - Planning Commission unanimously votes NO on all three elements of the Gabbert / Medred proposal: No to Amending the Critical Area Plan, No to the Rezoning to ILW, and No to a Special Exception that would allow an unenclosed waste processing facility on the 16-acre site.

Mr. Gabbert's proposal is now headed to the Board of County Commissioners for a final decision, on August 23, 2017. The public hearing will begin at 9 a.m.

Even then, any decision is subject to appeal, and could end up in court.

It ain't over till it's over.

When it's all over, will we have this:

or this?

The saga of Bo Medred and James Gabbert is ongoing, and will be followed here. Please share with those you know who care.

This information was researched and compiled solely with the use of public documents through the volunteer efforts of citizens genuinely concerned about the future of Sarasota County. The Primary Research was done by Adrien Lucas, and storified by Tom Matrullo.

An amendment to the 2050 Comprehensive Plan is being considered. It would ease the process (and the expense) for a developer to

A) reduce the open space required for a Village Plan from 50 percent to 33 percent, and
B) reduce the required buffer from 500 feet to 250 feet.

At the advertised June 26th public meeting (not a hearing), the proposal will be presented and the public may comment. If you wish to ensure that your comments become part of the permanent record, submit them in writing to the planner at the meeting, or send them to vroe@scgov.net.

Also, while the notice says that this amendment was "publicly initiated," the "public" in this case was a developer. Given that the regulations are created precisely to mediate between the public and the development industry, we would "amend" the notice to clarify whose interests are actually being represented in this amendment.

Tuesday, June 6, 2017

The Planning Commission voted unanimously to deny all three elements of the Gabbert / Medred Proposal for a Waste Processing Plant at the Celery Fields Preserve and Bird Sanctuary. The proposal now presumably will go on for final decision by the Board of Sarasota County Commissioners.

On Monday, June 12, please join CONA for an assessment by Adrien Lucas and Tom Matrullo of the recent meeting of the planning commission, entertaining an application that would put lands considered a community treasure in danger, perhaps irreversibly.

The application arose due to a current offer to sell public lands adjacent to the Celery Fields for a construction waste processing facility, which has drawn the objections of adjacent neighborhoods, environmental groups, conservationists, and many concerned individuals in neighborhoods throughout the region.

Owners of nearby businesses, even in industrial parks, also have expressed concerns about the introduction of heavy industry near them. Allowing this type of development could disrupt every aspect of the area, provoking a massive downward spiral.

Current sale policies, devoid of county commission and public participation, as well as this application for rezoning, will be examined in the assessment.

Although the planning commissioners unanimously recommended denial of the application, the county commissioners make the final determination and they are not bound by the recommendations of their advisory board.

So the assessment will be followed by discussion of the next steps that must be taken by citizens to prepare for consideration by the county commission, when public input will be crucial for success.

The issues will be examined to determine what should drive decisions about public lands and how policies may be changed to assure protection of our community treasures while making appropriate decisions about development and preservation.

CONA meetings are free and open to the public as well as members of the more than seventy associations the organization represents and its individual members. Unless otherwise noted, the meetings are held at the Sarasota Garden Club, 1131 Boulevard of the Arts in Sarasota, which is at the intersection of Tamiami Trail, south of the Municipal Auditorium. Parking and the entrance are reached from Van Wezel Way. Socials precede the meetings at 6:30 p.m., the meetings begin at 7:00 p.m.

For additional information about CONA and our schedule of upcoming meetings,

At CONA on Monday, June 12, will look at what can be learned from the June 1, 2017 Planning Commission hearing about the proposal to site a waste processing plant next to a pristine Preserve and Audubon Center. What are the logical next steps in the effort to protect the Celery Fields?

Below is a thoughtful comment from Maynard Hiss that addresses the hearing, and looks beyond it to speak of how the public planning process seems skewed in ways that are unproductive and fail to result in clear commonsense vision for surplus lands, planning, zoning, and community involvement in a process basic to who we are.

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Maynard Hiss What is amazing about this is how little analysis went into the siting process except for the part that the applicant was getting a good deal on public land much more suited to nature-based water and ecological conservation.

Maynard Hiss at Planning Commission

I was thinking how useless this facility would be if we had a very serious hurricane and thousands of homes were destroyed. In some of the bigger hurricanes 60,000 homes have been destroyed and mobile homes especially the older ones would probably be gone to a large extent in 150 mph winds.

The only way a transfer site would be able to handle hundreds of houses would be if it was connected to a rail line, which could quickly move large amounts of sorted debris out fast and effectively.

I was also thinking how poor the soils in Sarasota are and how this much yard waste and compost could benefit agriculture and ecological restoration. So siting the yard waste in a more suitable location would also be helpful and synergistic especially if some of the worst types could be comp.

I think the saddest part of the last meeting was how one's choice is limited to NO, when the participants would be more effective and more productive by helping site the much-needed facilities in a much better location. For example, our solid waste plan would be much more effective with a resource recovery facility that could handle a major disaster. It would be much more effective if the facility had much easier access to markets for the recovered materials such as if it was on a rail line. Or if the organic yard waste was closer to agriculture or horticulture or a biofuels areas where it could be quickly used.

It is sad when the only choices for the public are to say NO to really bad ideas that would destroy one of the most strategic areas for tourist development in the County.

So instead of using the intellectual capital of the citizens in a positive way such as by getting a lot of experts on the great and positive characteristics of this unique area of the County with a very high value set of assets that could be developed synergistically with the attributes of the site, they have to deal with County planners and commercial interests who want to turn back time and return the are to a low-quality light industry by adding heavy industrial waste to the site.

On the other hand I see this highly accomplished business person who has contributed significantly to the resource recovery industry being hammered by people who largely support his efforts and applaud his efforts but who are forced to oppose him because the only alternative on the table is to blight one of the nicest potential gateways and ecotourism sites in the County. And area that could play a central role in making the east part of the county as desirable as the west part of the County.

Public participation will never work in a context where people can only say yes or no to really bad proposals for really good things.

Rally before 6.1.17 Planning Commission
Sarasota County Administration Building

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